Morning Oregonian., January 14, 1902, Page 4, Image 4

THE HOENING OBEGONIAN- TUESDAY, IJJUARY 14; 1902.
VICE MUST PAY TRIBUTE
CITY OP OLYMPIA WILL TAX ITS
"SPOUTING" COXTIXGEXT.
Green-Cloth Gentry and OcralmoBde
Element "Will Help Pay Mu
nicipal Expenses.
OLYMPIA, Wash., Jan. 13. The new
City Council, which took office on Tues
day list, is determined to make Olympia
a wide-open town. That much was set
tled by the Council In caucus before as
suming the reins of government. But the
Councilmen may run up against obstacles
that before many weeks may wreck their
plan. Olympia has Its share of "sporting
people," and during Legislative times it
has considerably more than its share. In
the past, barring a spasmodic raid on
the gamblers, inspired by the city's min
isters, the "sporting" people have been
allowed, under limited restrictions, to
pursue their respective courses unmolest
ed; but henceforth, if the new Council
has its way without interference from
the ministers, the gamblers and other per
sons generally ostracised by the better
element will have to contribute to the ex
pense of maintaining the city govern
ment. A schedule of rates has been agreed
upon by the Council which must be con
formed to by the people of "sporting"
proclivities. For Instance, saloons in
which gambling games are conducted
must pay Into the City Treasury the sum
of $30 annually, th6 payments to be made
in advance every six months. Below th
"deadline" the denizens of that portion
of the city must each contribute $20 a
month, and slot machines must each help
to the extent of 510 a quarter. The Chief
of Police is to make the collection, and
payments must be prompt or the recal
citrant will literally be "out of business."
The Police Justice is not to figure In the
deal; neither will the Council in open
session take a hand, but as the members
of the Council are about unanimous 'in
enforcing the regulation, it is safe to say
that those under the ban will submit at
least with an appearance of good grace.
But already there are murmurings of
discontent heard among the ministers and
church people. They want to know what
authority the Council has to lend its aid
In violating the state law", and how a
municipal body In a city of the third
class can legalize gambling and similar
Infractions of the statutes. Trouble is
brewing for the wide-open Aldermen. It
is said that the movement to tax the
"sports" was not inspired wholly by the
Council as a means of increasing the
city's revenues, but by one or two of
the large gambling-houses, In the hope
of crushing out the small fry. It appears
that in Christmas week, always a proti
able period for gamblers, two or three
strange "sports" came into town and be
gan business and made considerable
money that would have gone to the per
manent houses otherwise. Then the move
ment to tax the gamblers generally was
urged by the latter. This has gained
publicity and it tends more than to an
noy the law-and-order people, who are
represented by the ministers. As in ev
ery community, there are many people
here who do not believe In this method
of raising revenue for the city, and they
are not likely to rest until a determined
effort is made to overturn the Council's
scheme of regulating violations of the
state law by forcing the violators to con
tribute to the expense of government.
BAD IXDIAX KILLED.
XotorloRji Character of Tharston.
County Met Ills Fate.
OLYMPIA, Wash., Jan. 13. George
Williams, a well-known "bad man" among
ths Indians of this county, was stabbed
to death Saturday night by Charley Tom,
another Indian, about 10 miles southeast
of this city, on Dr. Manler's ranch. The
murderer was captured and brought to
this city early this morning by Sheriff
Mills, and the Coroner brought in the
body of Williams at a later hour. The
ease with which Indians procure whisky
Is responsible for the killing.
On Saturday afternoon, Williams. Char
ley Tom and a squaw known as Old Mary
came Into town and proceeded to get
drunk. They easily procured firewater
through the medium of those Indians who
have the right under the law of buying
all the liquor they want. Late in the
afternoon Tom and Old Mary started
for their home on the Nesqually reserva
tion, about 20 miles southeast of this city.
Williams started still later-and overtook
Tom and the squaw at Dr. Manler's place.
They were all drunk, and what led up
to the quarrel is not clear, but it is pre
sumed that the possession of the squaw
Is at the bottom of it. People residing
in that neighborhood heard considerable
noise, but paid no attention to it, as noisy
Indians are frequently heard of in that
neighborhood, particularly after they have
visited Olympia.
But this much is known, though the
murderer and squaw will say little: A
row ensued, during which Tom pulled a
long-bladed pocket-knife from his pocket
and attacked Williams, cutting him to an
extent that soon caused death. Then Tom
and the squaw covered Williams' body
with a blanket, and, crossing the road,
the murderer and the squaw passed the
night within a few feet of the body of
Williams. About 9 o'clock yesterday
mornlnc: thev arrived nt th rpsprvntinn
where the fact that Williams had been
killed leaked out, and the Sheriff was no
tified late yesterday afternoon. So far
as known, this is the first time Charley
Tom has been in trouble, but with Will
lams It is different
In 1893 Williams and another Indian
brutally murdered an Indian named John
Heho In this city, the murder being due
to a quarrel for possession of a young
squaw. For this Williams was sentenced
to 10 years in the Penitentiary. After
serving about four years he was par
doned by Governor McGraw. Not long
after his release he was suspected of hav
ing kille'd a young man named Parsons,
east of Olympia. A little later, with his
brother, Williams murderously asaulted a
rancher in the section near where his last
quarrel took place, but he managed In
some manner to evade the law for this
crime, although while resisting arrest he
was shot by a deputy Sheriff. He was
generally known as a bad Indian, who
was quick to have recourse to a knife or
a gun. and his taking off will not be
mourned by the police of this city and the
people of the eastern part of the county.
At the Coroner's Inquest this afternoon
Charley Tom confessed to the killing of
Williams. He averred Williams first as
sailed him. Williams was stabbed 11
timesT
hands had been cut off, and the clothing
removed. Yesterday another body was
found there with the head severed from
the trunk. As no residents of the Island
are missing, the authorities are of the
opinion that murders have been commit
ted somewhere up the Sound, and that
the heads have been removed to prevent
identification. Another thing which in
creases the mystery is the fact that tne
same person found both headless bodies,
and says that he found another some 10
days ago, but before he could notify the
authorities the body had disappeared.
WHOLE TOWN IS AGOG
PREPARING FOR SPRIXG WORK.
"Whitman College to Pat Oat Baseball
and Track Teami.
WALLA WALLA, Wash., Jan. 13. The
Whitman College baseball players are
preparing for a very active season and
they will stop at nothing short of the
Northwest championship. "Hez" Brown,
the crack end rush of the 1901 football
team, will captain the baseball squad,
while Coach Allen will Instruct the play
ers in the fine points of the game. Brown
and Marquis will do the pitching, and
Hauerbach will play first. Ringer will
appear In his old position behind the bat,
and there wll be numerous candidates,
for the other positions.
Track athletes will also receive a good
share of attention from the Whitman
students and a plan is on foot whereby
the University of Washington, University
of Idaho, University of Oregon, Washing
ton Agricultural College and Whitman
will enter teams in a championship track
meet, in this city, early In May. The
matter is being agitated among the col
leges, although definite plans have not
yet been made.
"WILL OF 3IRS. A. H. STEWART.
Her Estate, "Worth. $50,000, Divided
Among; Three "Women.
TACOMA, Jan. 13. The will of Mrs. A.
H. Stewart, of Olympia, mother of wo
man's clubs In Washington, filed today,
gives her entire estate of $59,000 to three
clubwomen. Mrs. D. A. Gove, of Ta
coma, gets one-half, and Mrs. Mary Lowe
Dickenson, of New York, and Mrs. Sarah
Utt, of Pola, Cal., are to divide the re
mainder. Mrs. Stewart left no kinspeo
ple. She was buried according to a rit
ual prepared by herself for clubwomen.
Array News From Vancouver.
VANCOUVER BARRACKS, Jan. 13.
Major Ephraim T. C. Richmond, of the
Artillery Corps, has been appointed In
spector of Artillery for the department
First Lieutenant Curtis W. Olwell, of
the Seventh Infantry, having passed his
examination for transfer to the Engineer
Corps, will be nominated for appointment
as First Lieutenant, with rank dating
from February 3, 1901.
Captain W. P. Richardson, Eighth In
fantry, who was Adjutant-General on.
General Randall's staff while he was In
command of the Department of Alaska,
has been temporarily assigned to the same
position in the Department of the Colum
bia during the absence of Major Evans,
who is now in Washington.
Hold-Up at Vancouver.
VANCOUVER, Wash., Jan. 13. Another
hold-up la reported to have taken place in
Vancouver last Saturday night. P. L.
Lounsbury, a butcher, reported today that
while on his way home from the theater
Saturday evening two men who wore
masks and carried pistols compelled him
to give up his purse, containing about $S.
He says he would be unable to identify
the highwaymen if he saw them. This Is
the fifth hold-up reported here within the
past two weeks.
Oregon Mining: Stock Exchange.
Yesterday's quotations:
Bid. Asked.
Adams Mountain 2 . .4
Bronze Monarch .....144 - IT
opperopoiia .17 . ....
Caribou 1?C ....
Crystal Consolidated 2H, 3
Gold Hill & Bohemia 0 . 20
Huronlan 5& 7
Lost Horse 2 B4
Oregon-Colorado M. M. & D 21& 27
Hlerslde .-. ,.... 1 ....
Sampler Consolidated 2?I -1
Sweden Copper Co 846 1 00
Sales: Price.
500 Bronze Monarch 15
1000 Oregon-Colorado 23
lOOOCrjstal Consolidated 3
1000 Huronlan 0
SITUATION AT PEXDLETOX HAS BE
COME STRENUOUS.
Discharged Chief of Police and Re
corder Attack the Validity of
the Charter.
PENDLETON, Or., Jan. 13. War to the
bitter end is the declaration of the forces
who support the Chief of Police dismissed
by the Council Saturday night. The vote
was a tie, and the Mayor cast the de
ciding 'ote. The Hcathman men are now
reinforced by the Beam men, who was
discharged from the City Recordershlp.
Neither newly elected officer has suc
ceeded In obtaining possession of his of
fice. They are prevented, temporarily,,
at least, from so doing, by writs of in
junction obtained by the Heathman
Beam factions. The writs were Issued
from the County Court. The judge was
G. A. Hartman, who led the fight in fa
vor of Heathman In the Council. They
are returnable to the Circuit Court, and
Milton and, have its own government. A
Petition with many signers was presented
to the County Court asking that Free
water be allowed to vote upon the ques
tion of Incorporation. This was opposed
by the Milton contingent. After reading
the petition and listening to the argu
ment of the Milton opposition, the Uma
tilla County Court decided that the citi
zens of Frcewater should be given the
privilege of expressing their sentiments
at the polls. A -special election will be
called.
STRONG BASEBALL TEAM.
Pendleton Has the Pick of the Best
Players In the Coantry.
PENDLETON, Or., Jan. 13. Agitation
of the baseball question for the coming
year has already commenced, and the
prospects are good that Pendleton will
have a strong team In the field early in
the season. Saunders, . pitcher; George
Brown, captain and shortstop; Cartano,
the big second-baseman; and Rol Brown,
general utility man, all four of the
Athena team of 1901. are In correspond
ence with those at the head of tho Pen
dleton .club, and express themselves as
being anxious to come here to play. Cox,
Chapler, Hartman, Ulrich, Barlow, and
Claude and Clarence Penland, all mem
bers of the local team last year, reside
RIVALS FOR SPOKANE POSTMASTERSHIP.
i
k" a KV'4.xVHiu.Cv.xu) i:a sy3
HHHHIHHHHBfliHHiHHflflMBM flsflHHHsssHHHHHsflsBHHHHHHHs!
r Millard T. Hartioa,
Nominated by the President.
Oi- "W. Temple,
The Present Iacamucnt.
SPOKANE, Jan. 13. The nomination of Millard T. Hartson for the Spokane
Postmastershlp by President Roosevelt is a. victory for the Washington Congres
sional delegation that is, for the Republican members of the delegation.
Postmaster Temple said: "I hae nothing to say. I have made the best flg'nt
I could, and have not asked reappointment upon political grounds alone. My can
didacy was supported to a large extent by the business men of Spokane." Mr.
Temple declined to say whether or not his friends would oppose Mr. Hartson'a
, confirmation. Mr. Temple receded no word yesterday from Charles R. Jonner,
his representative, who Is in Washington.
SALEM IS AHEAD $5000
AS RESULT OF SUPREME COURT DECISION.
City May Sue and Recover on An
' son's Bond Two Other Opin
ions Given.
SALEM, Or. Jan. 13. In tho Supreme
Court today the City of Salem won its
$5000 damage suit against F. R. Anson
and the Fidelity & Deposit Company,
of Maryland. This 13 the termination of
a series of suits that grew out of a
disagreement between Anson and tho
Salem Light & Traction Company, of
which company Anson was formerly man
ager.
contracts of that kind. The rum specified In
the bond Is somewhi: In tho nature or a stat
utory penalty for the non-performance of a
duty enjoined by law. The ordinance grant
ing the franchise nad the force anJ effect of
'a statute, anl by "his acceptance, of Its pro
visions Anson became bound to comply with
Its terms as a statutory duty. The bond in
question was given as security for the per
formance of such duty, and the $um speci
fied therein Is in the nature of a penalty tu
be Imposed as a punishment for disobeying the
provisions of the ordinance."
The case Is remanded to the Circuit Coun
for such further proceedings a3 may be proper,
not Inconsistent with this opinion.
United States Investment Corporation and
Percy H. Blyth, respondents, vs. Portland Hos
pital, W. Y. Masters. roceUer; E. H. Hablg
horst. trustee: Portland Hospital Guarantee
Company, J. Benson Stralr and Charles H.
Chance, appellants, from Multnomah County:
J John B. Cleland, Judge; affirmed. Opinion by
Chief Justice Bean,
j This was a suit to foreclose a mortgage ex-
J ecuted In February. 1S93, by Habighorst as
trustee
HOW ARE
?
KIDNEYS
Yon Owe It to Yourself to Find
This Out at Once.
A SIMPLE TEST WILL TELL
Send at Once for n Free Trial Bottle
of WARNER'S SAFE CURE, the
World's Greatest Kidney
Medicine; It Will
Core You.
TEST YOUR KIDNEYS: Put some
morning urine in a glass or bottle; let 11
stand for 21 hours. If then It is milky oi
.. - . - i nin'inir t AAnroina n rnnnicn minirniifi
muiH ..i i j uM t ji ri I trustee ror tne- Hnrtiand TtnunltAl. anrt the -vu.j vfcw c io ""i
In an attempt br Anson to operate an " Hospitaf Guarantee CompaV. to the edlment. or If particles or germs float
Ltrt I &iVf .S" Lm?,! Ited States Investment Corporation, and also about In It. your kidneys are diseased
to foreclose a certain deed, intended as a This is the supreme moment when you
mortgage, executed in March, 1S93, by the should begin to take Warner's Safe Cure
same parties, to the Northwest Loan & Trust to arrest all these unnatural conditions.
electric light plant In competition with
the company with which he had heen as
sociated. The City of Salem Is $5000
ahead by the whole transaction. Tho
cases decided today are as follows:
SPOKANE, Jan. 13.
of mining stocks today
Bid. Ask.
Amer. Boy ... 4
BiacKtail ...114
Butte & Bos..
Ben Hur ....
Deer Trail ...
Pish. Maiden.
Gold Ledge ..
L. P. Surp...
L. Dreyfus ...
Mtn. Lion ..
1
8
5
5
CV1
'
10
2
2
Glfcl
, ... 3
2CVi 27
-The closing quotations
were:
Bid. Ask.
Mom. Glory .. 2U 2
Morrison 3 -iV,
Prln. Maud .. 3?i 4
Qullp 32 331
Ramb. Car ...71 73
Republic .... 3T4 4Vl
Sullivan 8
Tom Thumb ..20$ 21
Trade Dollar.. 5 CVi
SAN FRANCISCO. Jan. 13. Official closing
Quotations of mining stocks today were:
Belcher ?0 09
Best & Belcher... 10
Caledonia
Challenge Con ...
Chollar
Confidence
Con. Cal. & Va...
Crown Point ....
Gould & Curry...
Hal&& Norcross.
Justice
Mexican
24;
12
8
DO
1 40
7
0
31
Z
31
Occidental Con ...?0 00
Ophlr 82
Overman 9
Potosl 14
Saiage G
seg. Belcher 4
Sierra Nevada ... 18
Silver Hill 47
Standard 3 40
Union Con 14
Utah Con 4
Tellow Jacket .... 7
NEW YORK, Jan. 13. Mining stocks today
closed as follows:
Little Chief $0 10
Ontario 8 CO
Ophlr 78
Adams Con ......$0 201
Alice 4b
Breece 75
Brunswick Con .. 7
Comstock Tunnel. 5
Con. Cal. & Va... 1 60!
Dead wood Terra.. 20 j Sierra Nevada
Horn smer 2 oosmall Hopes
the cases will be heard tomorrow. The
entire town is torn into factions, with
only a few keeping their hands off. It
is the most strenuous situation which
ever existed in Eastern Oregon munici
pal affairs.
The Heathman men won first blood by
discovering that Will Lane, who was ap
pointed Saturday in the effort to oust
Heathman, holds "homestead rights in
tho country, out of town. He is, therefore.
Ineligible for the city office. He has
been dropped, and another will be se
lected to strive for the chiefship of the
Pendleton police.
The Injunction complaints astonish peo
ple by attacking the validity of the en
tire charter of the city. This complicated
situation causes more determination to
hold ground against the Heathman-Beam
forces on the part of the party, composed
of Mayor Halley and his four Council
men.
here, so but few outsiders will have to
be secured in order to get a strong
nine together. E. Miller, left-fielder of
the Boise semi-professional team last
year, has come to 'Pendleton to reside,
and is among the eligibles. There is a
balance of nearly $250 in the treasury
from last season; so the club will start
off on a strong financial footing. Thero
is talk of organizing a baseball league
to he. comp.os.ed. of, "Walla Kalla, Baker
City, La Grande nnd Pendleton.
'SALARIES 'NOT INCREASED. ,
Oregon City School Board Denies Pe
tition of Teachers.
OREGON CITY, Jan. 13. The Board of
School Directors has denied the petition
of the teachers for a 23 per cent increase
of salary. The salaries of grade teachers
in the nubile schools of this city average
They have not yet announcea wnat i about $42 50 per month, and In their peti
they will do, but say that they will fight
to the bitter end.
Ex-Mayor Vincent has proposed that It
be submitted to a vote of the people,
but the proposition has not 'yet been
acted upon.
Heathman contends that the charter pro
vides the Mayor shall have the power to
appoint the City Attorney, Street Com
missioner and Health Officer, and the
Council shall name the Chief of Police
tlon the teachers state that the cost of
living Is higher than formerly, and they
believe their services are worth more than
the present ratevof compensation. As the
schools must be enlarged and are to un
dergo extensive repairs this year, taxa
tion will be heavier, and will probably
foot up to 4.5 mills in this city. The
county tax is 32 mills, and the school tax
will be levied at the next meeting of the
board, which will be held the latter part
City of Salem, appellant, vs. F. R. Anson
and the FldMlty & Deposit Company, of Mary
land, respondents, from Marlon County; Georgr
H. Burnett, Judge; reversed. Opinion by
Chief Justice Bean.
In May, 1000, upon the application of F.
R. Anson, the Council of Salem passed an
ordinance granting to him the right to estab
lish and maintain an electric light plant with
in the city, and to uso streets, alleys and
highways therefor. Anson agreed to hae the
plant ready for operation by April 1, 1001,
and. In default thereof, was to forfeit the
rights granted him. After the plant should
be Installed, he was to pay to the city month
ly 3 per cent of the gross Income therefrom.
Tho city "reserved tho right to 'purchase the
plant at any time at actual cost. In accord
ance with tho ordinance granting his franchise.
Anson gave a $5000 bond, with the Fidelity &.
Deposit Company as surety. The bond was
conditioned upon his installing an electric light
plant as agreed.
Anson -failed to Install his. plant, and the
city brought suit to recover the $5000 -which
Anson had agreed In his bond to pay If he
failed to have the plant In operation April 1,
IDOL The city did not allegp In it com
Company, and by the latter assigned to plain
tiff Bltb, In trust, for his co-plalntlfT. A
receiver for the hospital was appointed before
the foreclosure suit had been commenced. The
for they are the unmistakable symptom
of kidney disease. If after you have madt
this test, you have any doubt In yout
recelers Incurred liabilities for labor and i mind as to the deve!opment of the disease
supplies amounting to $10,000, Vhlch are un
paid. The receler who was made a party to
the foreclosure suit answered, setting up such
debts, and asking that they be decreed to be
a lien upon the property prior in right to the
plaintiff's mortgage and deed of trust. The
court below decided agalnlt this contention,
and tho Supreme Court, In affirming the de
cree, says:
"The rrdlnary duties of a receiver are, to
protect and preserve the property pending the
litigation, and all expenses Incurred by him
In so jdnlng, a3 well as a reasonable com
pensation for his services, aro payable out of
the Income of the property, or out of the
property itself. But tho duty to preserve the
property by no means Includes the right to
create debts for other purposes. Before a re
ceiver can Incur such obligations, he must be
authorized by the court, and even then the
debts created by him will not be preferred
to prior Hens unless such preference Is given
In tho order authorizing him to Incur the ob
ligation, or n an order approving and ratify
ing the debts and decreeing that they should
be paramount Hens.' There was no allegation
nnd Recorder, with the consent of the of this month. The levy will be about 6
Mayor. He and his attorneys set up j mlljs, In order to meet the Increased ex
that the fact that the vote was a tie , penses. To give the teachers an Increase
Phoenix
Potosl ..
Savage
C
12
C
15
40
Iron Silver 60Standard 3 45
Leadvllle Con ... C
BOSTON, Jan. 13. Closing quotations
Adventure $ 10 00
Allouez 2 75
Amalgamated .. C8 50
Baltic 33 50
Bingham 24 50
Cal. & Hecla... 595 00
Centennial .... 12 75
Copper Range .. 54 00
Dominion Coal. 55 50
Franklin 12 50
Isle Bos ale .... 21 00
Mohawk 28 00!
Old Dominion.. 22 50
Osceola go 00
Parrott 29 00
Qulncy 132 00
Santa Fo Cop... 3 00
Tamarack ...... 245 00
Trlmountain .... 44 00
Trinity 14 25
United States .. 13 CO
Utah 22 00
Victoria 4 75
Winona 1 50
Wolverines 40 50
TOOK THE "WRONG BIEDICINE.
Strychnine Caused the Death of a
Civil War Veteran.
WALLA WALLA, Wash., Jan. 18.
Sunday morning Fletcher Fields, a farm
er living eight miles east of Walla Walla,
undertook to take a dose of salts. A
change had been made In the bottles con
taining salts and strychnine, and he
swallowed almost two spoonfuls of the
latter drug. He died In a few hours.
Mr. Fields was a veteran of the Civil
"War. about GO years of age, and had
lived in "Walla Walla Valley since the
late '60s. His son-in-law, J. O. Parker,
who came to town after medical aid, was
thrown from his buggy on the return
trip and severely injured.
MYSTERIOUS MURDERS.
Two Bodies Washed Ashore With
Heads Severed From Trunks.
PORT TOW2CSEND, Wash., Jan. 13.
People of Whldby Island are In a high
state of. excitement over the finding of
another headless body on the beach near
rFort Casey last week. The head and
Tolls "Will Be Charged.
ASTORIA, Jan. 13. Notice has been
given by D. K. "Warren that he will charge
tolls for sluicing logs through a dam
which he has placed in the Lewis and
Clark River where It runs through his
property. A declaration to that effect was
filed in the County Clerk's office today.
The following Is a schedule of the rates to
be charged: For Glulctag logs, lumber or
other timber products, when such sluicing
is done by Mr. Warren or his employes,
25 cents per thousand feet, board measure.
Where the owaer at his own risk and
with hie own employes operates the dam,
the charge will be 10 cents per thousand
feet
four for and four against and that the
Mayor cast the deciding vote, invali
dates the election of "Will Lane as Chief
of Police and Lawrence G. Frazler as
Recorder. (
The report submitted by the investi
gating committee sustained the charges
brought forward by the Mayor against
the Chief of Police, and laid upon the
shoulders of the Recorder the same alle
gations and blames that had attached
to the Chief. The report was accepted,
and the committee discharged. The re
port found that the Chief had collected
money from gamblers, prostitutes and
owners of nlckel-In-the-slot machines.
TAX LEVY OF UMATILLA.
Will Be 28 Mills Three Mills Higher
Than it "Was Last Year.
PENDLETON, Or., Jan. 13. The Uma
tilla County Court has fixed the tax
levy for the year 1902 as follows:
Mills.
County and state 22
Road and bridge 1
School 5
Total 2S
This levy Is an increase of 3 mills, over
that of the year 190L This county is
paying out $15,3S6 99 annually in interest,
and the Interest-bearing debt must be
L reduced, according to the reasoning of
the Commissioners, In order that the ex
pense of running the county may be cut
down. The election, which will occur in
June, will be an added expense. In or.
der to be on the safe side, the Commis
sioners decided to put the levy high
enough so that they would be enabled to
pay the running expenses of the county,
the extra election expenses, and In addi
tion to paj off a portion of tho standing
debt.
in salary will necessitate the raising of
$1600 additional from taxation.
plaint that l had been damaged In any way or P01 that such action on the part of the
by reason of Anson's default. The surety
company contended that the $3000 was not
liquidated damages, and that, therefore, the
city must allege and prove its damages be
fore, It could recover. Judge Burnett took
this view of the bond and sustained a de
murrer to tho complaint. The city appealed.
In reversing the lower court, the Supreme
Court says:
"The Legislature has delegated to the city
the power of regulating and controlling the
use of the streets by light and water com
panies, and has vetted It with exclusive au
thority to grant to such companies the privi
lege of so using them, upon such terms and
conditions as the Council may prescribe. The
city Is given exclusive power to make the
grant 'upon such terms and conditions' as
It may prescribe, which necessarily authorizes
It to Impose such reasonable conditions prece
dent or subsequent as may be deemed neces
sary or proper. Including a requirement that
the grantee shall give a bond-, conditioned as
the one in this suit.
"The remaining question Is as to whether the
sum specified In the bond should be consid
ered as a penalty or as liquidated damages.
The object Is. of course, to ascertain the In
tention of the parties, as nearly as possible,
and to enforce the contract according to their
agreement. In doing this, the courts are not
governed altogether by the language of the
contract, or by the terms employed to desig
nate the sum to be paid. For the construc
tion of such contracts, certain arbitrary rules
have been laid down, among wnlch are:
. "First Where the contract Is conditioned
for the performance of some collateral agree
ment, the sum mentioned therein shall be
presumed to be a penalty, and It Is incumbent
'upon the party desiring to recover the sum
named as liquidated damages to show that
It was bo intended by the contracting parties.
"Second When the actual damages in case
of s. breach of the contract must necessarily
be speculative, uncertain and incapable or
definite ascertainment, the stipulated sum will
be regarded as liquidated damages, and may
be recovered as such without proof of actual
damages, unless tho language of the contract
shows, or the circumstances linder which it
was made Indicate, a contrary Intention of the
parties, or It so manifestly exceeds the actual
injury suffered as to be unconscionable.
"Where the damages are uncertain and spec
ulative, the presumption ordinarily Is that the
parties have taken that Into consideration In
making the contract, and have agreed upon a
definite sum to be paid In case of a breach. In
order to put the question beyond dispute and
controversy, and to avoid the difficulty or
provfng actual damages. It would seem, there
fore, that, even If the present case is to be
controlled entirely by tho rules applicable to
controversies between private parties, there la
reason for holding that the amount stipulated
In the bond should be regarded as liquidated
damages, and not as a penalty. The dam
ages. If any, to the city, from Anson's fail
ure to build his plant within the specified
time, were necessarily speculative and uncer
tain. If not absolutely Incapable of proof.
"But, whatever this rule might be as between
private Individuals, this action is not deter
mined wholly by the principle applicable to
UNION COUNTY TAXES.
Total Levy Ha Been Fixed at
Twenty-five Mills.
LA GRANDE. Or., Jan. 13. City Re
corder H. F. "Williams has received the
statement of County Clerk J. "W. Ben
son. The total assessed valuation of
property In this" city is $471,908. This Is
an increase over last year of $50,000. The
increase in the school district is 4100,000.
The tax levy for this year has been fixed
at 25 mills. Of this, 10 mills Is county
tax, 5 mills school and 10 mills state
and contingent. The levy necessary for
state taxes Is 6.9' mills. Payment of
tho full amount will be resisted, as the
j County Court believes the Panhandle
j section should pay its portion, amounting
to about $3000. On a five years average
the tax would bo about $2000 and Judge
"Wilson will bring suit to make Baker
County annex tho Panhandle taxes, along
with Its wealth and .population.
court had been taken.
Pacific Export Lumber Company, respondent,
vs. A. Prescott et al.. appellants, from Mult
nomah County: A. L. Fraxer. Judge; re
versed. Opinion by Justice Moore.
This was an action to recover the sum of
$788 74 upon a lumber contract. The trans
actions leading up to this suit were quite
complicated. At the trial the iower court
overruled a motion for nonsuit at the close of
plaintiffs evidence, and at the end of the
trial a Judgment was rendered for plaintiff.
The Supreme Court holds that trie motion for
nonsuit should have been sustained, and lays
down the following rules of law:
"A receiver Is an agent appointed by a
court to execute Its orders In the control and
management of business pertaining to prop
erty in possession of the court, and the agent
has no power to make any contract that can
affect such property, unless It is ratified by
'the court appointing him. Tho court has un
doubted power to vacate or modify any agree
ment or contract which the receiver has made. J
and to direct the making of another agree
ment, but It will not exercise such power
without notice and without hearing the con
tracting parties."
In this case the contract In question had
been vacated after due hearing, by a compe
tent court of the State of Washington, and
the Judgment of that court is held to be valid
here.
Supreme Court- Orderit.
The following minor orders were made today:
F. C Goodrich admitted to the bar on nine
months' probation, on certificate from Ohio
and on recommendation of Judge Walter D.
Jones, of Troy. O . and R. W. Wilbur and "W.
A. Cleland. of Portland.
R. D. Hume, appellant, vs. Jeise Turner,
Sheriff, et al., respondents; appellant allowed
until April 1 to file brief.
G. D. Simmons, respondent, vs. the O. R. &
N. Co., appellant; appellant, allowed until Feb
ruary 20 and respondent Until April 20 to file
briefs.
Alice O. Brandt, respondent, vs. A. Park
Brandt, appellant: argued and submitted.
in your system, send us a simple of youi
urine, and our doctors will analjze It and
send you a report with advice free.
WARNER'S SAFE CURE is the only
positive cure for all forms of kidney, liver,
bladder and blood diseases: uric acid pol
son, rheumatic gout, diabetes, pain In the
back, scalding and painful passage ol
urine, frequent desire to urinate, painful
periods, bearing down and so-called fe
male weakness.
Kidneys Cured at 78 Years of Age
v Mrs. George Halght, of 951 Columbus
avenue. New York, who Is 78 years old,
says Warner's Safe Cure cured her ol
serious kidney and bladder diseases and
has kept her In robust health.
WARNER'S SAFE CURE Is purely veg
etable and contains no harmful drugs; 11
does not constipate; It is now put up lr.
two regular sizes and is sold by all drug
gists, or direct, at 50 CENTS AND $1.0
A BOTTLE. Less than 1 cent a dose.
Refuse substitutes. There Is none "just
as good as" Warner's. Insist on tho gen
uine Warner's Safe Cure, which alwayi
cures. Substitutes contain harmful drugi
and do the patient more harm than good
TRIAL BOTTLE FREE.
To convince every sufferer from dis
eases of the kidney, Hver, bladder and
blood that Warner's Safe Cure will cur
them, a trial bottle will be sent absolutely
free to any one who will write Warnei
Safe Cure Company, Rochester, N. Y.,
and mention having seen this liberal offei
in The Oregonlan. The geunlneness ol
this offer is fully guaranteed. Our doc
tor will send medlcil booklet, containing
symptoms and treatment of each disease
and many convincing testimonials, free,
to any one who will write.
No More Dread
Dental Chair
TTJF - EXTRACTED AND FILLED
ABSOLUTELY WITHOUT PAIN by our
late scientific method applied to the gums.
No sleep-producing agents or cocaine.
These are the only dental parlors la
Portland having PATENTED APPLI
ANCES and Ingredients to extract, fill
end apply gold crowns and porcelala
crowns undetectable from natural teeth,
and warranted for 10 years, WITHOUT
THE LEAST PAIN. All work don by
GRADUATED DENTISTS of ftom 12 W
V) years' experience, and each dppart
nent in charge of a specialist. Give us
a call, and you will find us to do exactly
as we advertise. We will tell you In ad.
vance exactly what your work will coat
by u FREE EXAMINATION.
POPULAR PRICES .
NORTHWEST DEAD.
A. M. "Wolfe.
OLYMPIA, "Wash., J.n. 13. A. M. Wolfe,
well known among business men of the
Northwest, secretary of the Capital Brew
ing Company, of Olympia, died at his
home here today of typhoid pneumonia.
He was born In Odessa, Russia, 51 years
ago, and leaves a wife and a young
daughter. v
City Election at Harrlsbnrs.
HARRISBURGr Or., Jan. 13. A city
election took place here today and result
ed as follows: Mayor, L. H. Lassell; Re
corder, J. J. Baker: Treasurer. W. L. Ty
ler; Marshal. W. T. Porter: Councilmen,
M. W. Canton, Barney May, J. G. Kel
sey, J. D. Bennett and T. J. Stephens.
James Douglas and D. "McClaln tied for
the sixth Councilman.
NO PLATES
KksSI
New. York Dental Parlors
MAIN OFHCE:
Fourth and Morrison sts.. Portland. Or.
HOURS:
8 33 A. M. to 3 P. M.; Sundays, 8:30 A. M.
to 2 P. M.
BRANCH OFFICE:
614 First avenue. Seattle. "Washington.
College Oratorical Contest.
ALBANY, Or., Jan. 13. The local ora
torical contest of Albany College for the
selection of a representative at the state
contest has been set for February 14, and
G. T. Pratt, C. B. Sternberg, John Ache
son, G. D. Byers, O. Hickey and Ernest
Hardin appointed to represent the several
classes of the college.
GREATLY ALARMED".
Bat a Persistent Coajrh, Bat Perma
nently Cared by Chamberlain's
CoBg-k Remedy.
Mr. H. P. Burbage, a student at law, In
Greenville, S. C, had been troubled for
four or Ave years with a continuous cough,
which, he says, "greatly alarmed me,
causing me to fear that I was In the first
stage of consumption." Mr. Burbage,
having seen Chamberlain's Cough Rem
edy advertised, concluded to try it. Now
read (what he says of It: "I soon felt a re
markable change, and after using two bot
tles of the 25-cent size, was permanently
cured." A persistent cough is one of thf
first symptoms of consumption, and his
fear of that disease was well founded. He
exercised good judgment in selecting a.
remedy, as this preparation is one of
great merit and Is famous for its cures.
All druggists sell it.
Claims for Damages Denied.
PENDLETON, Or., Jan. 13. The claims
of W. L. McCullough, W. A. Banister
and J. L. Vinson, for a total of $267 60,
have been disallowed by the County
Court on the ground that the county is
not responsible for the accident in which
the claimants sustained damages. They
were riding on a county road between
Helix and "Weston. Their team went over
an embankment, Injuring the occupants
and damaging the vehicle. The claimants
will take their case to the Circuit Court.
May Use Rock on Roads.
PENDLETON, Or., Jan. 13. The ques
tion as to the advisability of covering
county roads with crushed rock has been
taken under advisement. The Commission
ers desire to make a further examination
before they commence to spend money
on something which Is an Innovation in
this part of the country. The agita
tion of the subject of better roads, how
ever, not only for the county, but for
the city of Pendleton,1 Is still conducted
In a way that gives promise of good results.
Frcewater "Wants to Be a City.
PENDLETON, Or., Jan. 13. Freewatcr
has won its preliminary fight for in
corporation as a city. Freewatcr Is a
suburb of Milton, but for a long lime
has had a strong desire to cut loose from
GAS PUT TO USE.
Connected "With Street Lamp at On
tario, and Gives Good Light.
ONTARIO. Or., Jan. 13. The natural gas
struck in Ontario's well, at a depth of
1043 feet. Is looked upon as an Indica
tion of petroleum lower down. The dis
trict has been experted, and the guesses
are not as to whether there Is oil here,
but as to the depth at which It can be
reached. The Ontario gas well has been
connected with a street lamp. The gas
Is furnishing a good light and is attract
ing much attention. The gas well has
been the means of disclosing to Ontario
people that flrst-clas3 "soft" water may
he had at a depth of 200 feet, and a drill
ing outfit is constantly at work for this
water. Attorney Will R. King struck a
good supply at a depth of 192 feet. There
has never been but the one drawback to
this section of the country, and that Is
the difficulty of securing first-class water
for culinary purposes.
SCOURING MILL PLANKED.
Plant Will Receive the Wool of Mai
Hear and Harney Coantles.
ONTARIO, Or., Jan. 13. Stephen Car
ver, president of the Bank of Ontario, has
returned from a trip to Chinook, Mont.,
and reports that ho has plans that will
give Ontario a first-class wool scouring
mill. If plans do not miscarry the plant
will be In operation "by the 1st of July,
And will Tie ample to tako care of the
-entire clip of Malheur and Harney Coun
ties. This season the clip amounted to
,1.250,000 pounds. The saving In freight
charges on the coming clip will amount
to something like $25,000. There will be
a soap factory in connection, and other
smaller business enterprises incidental
thereto. The citizens will be asked for a
small bonus.
Escaped Convict at Large.
SALEM, Or., Jan. 11 Asylum officials
have found no trace of Oliver Marshall,
the convict who escaped from the asylum
Saturday evening. As the man now has
twd days' start, there Us small chance of
his capture.
The Distinctive Value
of S3rrup of Figs is due to its pleasant form and perfect freedom from every
objectionable quality or substance and to the fact that it acts gently and truly
as a laxative, without in any way disturbing the natural functions. he
requisite knowledge of what a laxative should be and of the best means for its
production enable the California Fig Syrup "Co. to supply the general demand
for a laxative, simple and wholesome in its nature and truly beneficial in its
effects; a laxative which acts pleasantly and leaves the internal organs in a
naturally healthy condition and which does not weaken them.
To assist nature, when nature needs assistance, it is all important that the
medicinal agents used should be of the best quality and of known value and Syrup
of Figs possesses Jhis great advantage over all other remedies, that it does not
weaken the organs on which it acts and therefore it promotes a healthful con
dition of the bowels and assists one in forming regular habits. Among its many
excellent qualities may be mentioned its perfect safety, in all cases requiring a
laxative, even for the babe, or its mother, the maiden, or the wife, the invalid,
or the robust man.
Syrup of Figs is well known to be a combination of the laxative principles
of plants, which act most beneficially, with pleasant aromatic liquids and the
juice of figs, agreeable and refreshing to the taste and acceptable to the system,
when its gentle cleansing is desired. The quality of Syrup of Figs is due not
only to the excellence of the combination, but also to the original method of
manufacture which ensures perfect purity and uniformity of product and it is
therefore all important, in buying, in order to get its beneficial effects, to note
the full name of the Company California Fig Syrup Co. printed on the front
of every package.
(ALIfORPilApYRUP
San. Fra.ncisco, Cat.
Louisville. Ky.
FOR SALE BY ALL LEADING DRUGGISTS.
girE;a5i immlMii i ill in Jl
fe.
New York, N. Y. A j HI
PRICE FIFTY CENTS PER BOTTLE. Jft IIIIIIINI HHM
jM I1IIHI
hiWifBi'y'Hmw'a.
iBMHiriiiiiiMHiiiMiiiM
t V